Los Angeles, CA asked in Family Law for California

Q: How/where to move to vacate a restraining order issued 2 years ago out of my knowledge when case is not active anymore?

I just learned of the existence of a restraining order issued against me by the family court 2 years ago. Needless to say it was obtained out of my knowledge and by fraud on the court. I intend to move asap to vacate and to seek sanctions against the fraudulent petitioner, but the case is not active anymore, and we cannot file on line without a case number and corresponding court. what do you suggest we should do? can the court re-activate the case so we can file our motion? or should we file elsewhere than the family court? I’m a little confused.

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1 Lawyer Answer
Martha Bronson
Martha Bronson
  • Tracy, CA
  • Licensed in California

A: There may not be any activity in the case since the TRO was issued, but that fact does not make the case "inactive" for purposes of having the court review the TRO to determine whether there are sufficient legal grounds to set it aside. As such, you use the case number and exact same court that issued the TRO in filing your set aside. Unless there is some due process or extrinsic fraud established to set aside, it is very difficult to get A TRO set aside. Best of Luck...

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